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Public Interest in Law (Hardcover)
Lubos Tichy, Michael Potacs; Contributions by Lubos Tichy, Michael Potacs, Richard Kral, …
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R2,848
Discovery Miles 28 480
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Ships in 12 - 17 working days
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This book analyses in a comprehensive manner the phenomenon of
'public interest' in different areas of law, both public and
private. The term 'public interest' can be found in a wide range of
legislation and it is used extensively in judicial practice and
public administration. Yet, it has received surprisingly little
attention in academia. As a result, it is used for various, often
contradictory purposes. Justifications for its application are
rarely convincing and the concept is often confused with similar
legal institutions such as state interest, societal interest and
public welfare, which, however, serve quite different purposes.
Further to the relevant public being defined, the weight of public
interest in case of conflict with other considerations will be
examined and the legal consequences of its breach (e.g. nullity,
damages and penalties) considered.The book's objectives are
therefore manifold. First and foremost, it aims to provide a
definition of the notion of public interest and to determine its
main attributes, particularly against the background of the notion
of private interest. In order to achieve this, the concepts
philosophical underpinnings will be outlined, as will its
historical developments and its application in different times and
socio-economic conditions. Consequently, the book will assist in
applying the concept of public interest with a clear understanding
of its substance, normative function and its relationship to other
relevant legal institutions. The book focuses on the concept's
application across the spectrum of legal disciplines ranging from
constitutional and administrative law to corporate and insolvency
law, from criminal law to environmental law, and from competition
law to labour law. In order to provide concrete examples of
legislative and judicial practice, the book analyses three
jurisdictions in particular Austria, the Czech Republic and the
European Union.This book is not only an important addition to legal
scholarship but, importantly, contributes to the improvement of
decision-making processes at all levels of government. It will be
of interest to scholars, practicing lawyers, judges and officials
in public administration alike.
The third volume of the Vienna Lectures on Legal Philosophy series
focuses on one of the most fiercely contested issues in
contemporary legal philosophy: the question of the importance of
legal reasoning and how to properly engage with it. This book
considers legal reasoning from two different angles: it revolves,
on the one hand, around debates concerning interpretation and
balancing, but it also asks, on the other, whom we ought to entrust
with decision-making based on legal reasoning and how this relates
to the very concept of law. The book approaches these underlying
problems from a variety of perspectives and against the backdrop of
different academic traditions, showcasing the rich landscape of
critical debates around contemporary legal reasoning.
This second volume of the Vienna Lectures on Legal Philosophy
series presents 11 chapters which are dedicated to normativist and
anti-normativist approaches to law. The book focuses on the
question: What is law? Is it a set of obligations imposed on courts
and officials to guide their conduct and to assess the conduct of
others? Or is it the result of settlements reached by opposing
sides that accept arrangements and understandings to sustain
peaceful cooperation? If law is the former its significance and
meaning are independent of a shifting constellation of forces; if
it is not, then what the law says depends on the relative power and
prestige of the actors involved. With contributions from some of
the leading scholars in the field, the collection presents a
balanced and nuanced assessment of what is perhaps the most
controversial debate in contemporary legal philosophy today.
The first volume of the Vienna Lectures on Legal Philosophy
illustrates the remarkable scope of contemporary legal philosophy.
It introduces methodological questions rooted in national academic
discourses, discusses the origin of legal systems, and contrasts
constitutionalist and monist approaches to the rule of law with the
institutionalist approach most prominently and vigorously defended
by Carl Schmitt. The issue at the core of these topics is which of
these perspectives is more plausible in an age defined both by a
'postnational constellation' and the re-emergence of nationalist
tendencies; an age in which the law increasingly cancels out
borders only to see new frontiers erected.
The first volume of the Vienna Lectures on Legal Philosophy
illustrates the remarkable scope of contemporary legal philosophy.
It introduces methodological questions rooted in national academic
discourses, discusses the origin of legal systems, and contrasts
constitutionalist and monist approaches to the rule of law with the
institutionalist approach most prominently and vigorously defended
by Carl Schmitt. The issue at the core of these topics is which of
these perspectives is more plausible in an age defined both by a
'postnational constellation' and the re-emergence of nationalist
tendencies; an age in which the law increasingly cancels out
borders only to see new frontiers erected.
This second volume of the Vienna Lectures on Legal Philosophy
series presents 11 chapters which are dedicated to normativist and
anti-normativist approaches to law. The book focuses on the
question: What is law? Is it a set of obligations imposed on courts
and officials to guide their conduct and to assess the conduct of
others? Or is it the result of settlements reached by opposing
sides that accept arrangements and understandings to sustain
peaceful cooperation? If law is the former its significance and
meaning are independent of a shifting constellation of forces; if
it is not, then what the law says depends on the relative power and
prestige of the actors involved. With contributions from some of
the leading scholars in the field, the collection presents a
balanced and nuanced assessment of what is perhaps the most
controversial debate in contemporary legal philosophy today.
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